Sheriff's Office wants dismissal of ex-deputy suit

COLUMBIA — Late next month the Aiken County Sheriff’s Office plans to seek the dismissal of a federal lawsuit that an ex-deputy filed last year, alleging his employer ruined his good name and put his family at risk.

But first the month of September will bring a series of depositions, said Columbia attorney Robert Garfield, who is representing ACSO Sheriff Michael Hunt and four other office officials. A consent order filed today (MONDAY) by U.S. District Judge Margaret Seymour lists a four upcoming depositions, including one on Monday of Jeffrey Nation, the former law enforcement officer who sued the office last September.

The controversy stems from Nation’s firing three years ago, after the deputy was captured on video apprehending three men in New Ellenton and demanding identification, despite the absence of criminal activity. Nation was arguing with Lorenzo Williams about his drooping pants, according to the video. The footage showed what appeared to be Nation striking Williams in the throat and attempting to head-butt him.

By Nation’s account “Williams clearly and arrogantly defied the authority of (Nation) to stop and search Williams,” according to Nation’s original suit. It then says “Williams suddenly and rapidly leaned in towards (Nation) with his head and upper body. Fearing an attack from Williams, (Nation) reacted with the necessary force to keep Williams away from (him), using a self-defense technique with minimum force as taught to (him) and approved for use (by ACSO) .”

After the September 2008 incident, Aiken County Sheriff Michael Hunt requested an investigation, and the S. C. State Law Enforcement Division charged Nation with assault and battery and misconduct in office. Nation’s suit also targets SLED agent Michael Perry.

But last August, Nation was acquitted, and one month later, he filed suit, alleging the sheriff’s office made comments to the local news media that he says portrayed him as a racist. Nation said his reputation was ruined, he feared for his family’s safety, and that ACSO had also disclosed his social security number.

In his suit, Nation also sought actual and punitive damages and attorney’s fees and costs.

Although no resolution to the Nation suit seems imminent, the dispute has not been gathering dust. Since Nation issued his original complaint in September of last year, parties have submitted 45 motions, notices, orders and other incremental legal thrusts, according to federal court records.

Messages left with SLED and the sheriff’s office were not returned on Monday. A 411 information request to the telephone company yielded no Aiken-area residential phone number for Nation.

If recent history is any guide, the fired deputy faces an uphill legal journey. Jay Bender, the Reid H. Montgomery Freedom of Information Chair at the University of South Carolina, said law enforcement officers frequently file libel suits in South Carolina but seldom win.

“To prevail, this fellow will have to prove that the officers making the statements knew what was being said was false or have serious doubts about the accuracy about it and said it anyway,” he said. “I think that’s a very high standard to meet.”

The fact that Nation was acquitted does not mean he did not commit the crimes he was accused of, added Bender. It only means that jurors concluded that there was not enough proof.